Does a plaintiff need to prove negligence in a product liability claim?

Yes, in most cases, a plaintiff needs to prove negligence in a product liability claim in Washington. In product liability claims, negligence occurs when a manufacturer or seller fails to exercise reasonable care when designing, manufacturing, or selling a product. This carelessness causes an injury or damages. For a plaintiff to be successful in a product liability claim in Washington, they must prove that the manufacturer or seller was negligent in some way and that their negligence caused the injury or damages. To prove negligence, the plaintiff must show that the manufacturer or seller breached a “duty of care” to the consumer; that is, they must show that the manufacturer or seller had an obligation to protect the consumer from any harm caused by its product but failed to do so. The plaintiff must also prove that the negligence was the direct cause of their injury. Other types of product liability claims do not require a plaintiff to prove negligence. For example, under the doctrine of “strict liability”, a plaintiff may make a claim for damages against an entity without having to prove negligence. This type of claim applies when a product is either inherently dangerous or when an entity is unable to provide adequate warnings to consumers of a potential risk associated with a product. In short, while not all product liability claims require a plaintiff to prove negligence, it is generally expected that the plaintiff will have to demonstrate some level of negligence in order to have a successful claim in Washington.

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Does a plaintiff need to prove negligence in a product liability claim?

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